Q: Can my landlord still evict me if the petition was filed after the amount their seeking was paid?
I was 2 months behind on rent (November and December 2024), I received a call voicemail from the management company that they were going to start the eviction process. I paid the total past due balance of 3179.00 on December 26, 2024 which included all late fees and rent. I called and spoke with the management company who said they saw that the balance was paid, but I would still have to appear in court. The AC landlord action was filed on December 30, 2024.
The petition is seeking the balance I paid before the petition was filed and "Immediate possession of the property."
Our lease agreement states that the eviction process can start after the 5th of the month.
Is there anything I can file to request the case be dismissed? Can I still be evicted from the property based this petition or expect any additional payment be required beside court fees?
A: You can file whatever you want. Unless the lawyer agrees to dismiss the case and you have that in writing, show up or hire an attorney. The landlord may still be seeking court costs, late fees, and attorney’s fee. Bad things happen to defendants who allow default judgments.
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